Is a Notary Public prohibited from performing the notarization of real property closing documents at a borrowers home?
HJR 5, passed by the 77th Texas Legislature and approved by the voters, amended Section 50, Article 16 of the Texas Constitution to add a subsection that states a homestead is protected from a forced sale for the payment of debt for an extension of credit unless such extension of debt is closed at the offices of the lender, an attorney at law, or a title company. This change does not specifically preclude the execution of the closing documents at other locations. However, an extension of credit where the closing is performed at such other locations is subject to the homestead protection, which prevents a forced sale of the homestead. Thus, lenders who furnish extensions of credit, secured by a lien on a homestead, may instruct notaries public not to acknowledge a borrower’s signature at other locations, such as the borrower’s home.
Related Questions
- Is a Notary Public prohibited from performing the notarization of real property closing documents at a borrowers home?
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